E\u2011mail is the let\u00adter of our time, and why should it not also assume the cen\u00adtral func\u00adtion it deserves in the pro\u00adcure\u00adment process?<\/p>\n
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If a ten\u00adder in text form is suf\u00adfi\u00adcient for you as the con\u00adtract\u00ading author\u00adi\u00adty, then you must also com\u00admu\u00adni\u00adcate this. How\u00adev\u00ader, this noti\u00adfi\u00adca\u00adtion in no way excludes the use of e\u2011mails in the award pro\u00adce\u00addure \u2014 includ\u00ading for the sub\u00admis\u00adsion of bids. On the con\u00adtrary, the e\u2011mail, used cor\u00adrect\u00adly, ful\u00adfills the text form require\u00adment in the sense of \u00a7 126b BGB. And quite unprob\u00adlem\u00adat\u00adi\u00adcal\u00adly at that. <\/p>\n
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Now there are con\u00adtract\u00ading author\u00adi\u00adties that use qua\u00adsi-own text form terms in their award doc\u00adu\u00adments, i.e. seem to know a fur\u00adther, qua\u00adsi-spe\u00adcial text form in addi\u00adtion to that of the BGB. I can only warn against an over\u00adin\u00adter\u00adpre\u00adta\u00adtion of indi\u00advid\u00adual deci\u00adsions of the con\u00adtract award review bod\u00adies, which are rather strict with the bid\u00adder and seem to grant the con\u00adtract\u00ading author\u00adi\u00adty a right to define terms. In case of doubt, text form is the long-known text form of the BGB. <\/p>\n
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It should be equal\u00adly clear that e\u2011mail is an elec\u00adtron\u00adic means of com\u00admu\u00adni\u00adca\u00adtion. So, to the extent that pro\u00adcure\u00adment reg\u00adu\u00adla\u00adtions require that com\u00admu\u00adni\u00adca\u00adtion be elec\u00adtron\u00adic, e\u2011mail is in play. But is that enough? If you look more close\u00adly, no. Because the data received must not be accessed ahead of time. I.e.: The bid\u00adder sub\u00admits the bid by e\u2011mail, and it arrives in the e\u2011mail inbox of the con\u00adtract\u00ading author\u00adi\u00adty two hours before the dead\u00adline. The\u00ado\u00adret\u00adi\u00adcal\u00adly, the con\u00adtract\u00ading author\u00adi\u00adty could now open the bid, but it is not allowed to do so, and the elec\u00adtron\u00adic means of com\u00admu\u00adni\u00adca\u00adtion are pre\u00adcise\u00adly intend\u00aded to ensure that it can\u00adnot do so either. Even com\u00adbin\u00ading the e\u2011mail with encryp\u00adtion does not help over\u00adcome this prob\u00adlem. <\/p>\n
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Yes, no bid\u00adding by e\u2011mail. But what applies if it is express\u00adly per\u00admit\u00adted? Many con\u00adtract\u00ading author\u00adi\u00adties write into their pro\u00adcure\u00adment and award reg\u00adu\u00adla\u00adtions that sub\u00admis\u00adsion of bids by e\u2011mail should be per\u00admit\u00adted, at least up to cer\u00adtain con\u00adtract val\u00adues. Here again: Cau\u00adtion! The key ques\u00adtion is whether the con\u00adtract\u00ading author\u00adi\u00adty is allowed to stip\u00adu\u00adlate this at all. Above the EU thresh\u00adold val\u00adues, the answer is, in my opin\u00adion, quite clear\u00adly no! Below the thresh\u00adold val\u00adues, it may be nec\u00ades\u00adsary to take a dif\u00adfer\u00aden\u00adti\u00adat\u00aded view. As an exam\u00adple, the fol\u00adlow\u00ading, ini\u00adtial\u00adly some\u00adwhat abstract con\u00adsid\u00ader\u00ada\u00adtion: A con\u00adtract\u00ading author\u00adi\u00adty that makes a spec\u00adi\u00adfi\u00adca\u00adtion for pro\u00adcure\u00adments sub\u00adject to state pro\u00adcure\u00adment law that devi\u00adates from state pro\u00adcure\u00adment law, e.g. the UVgO, with\u00adout being com\u00adpe\u00adtent to do so, is act\u00ading unlaw\u00adful\u00adly. To put it more prac\u00adti\u00adcal\u00adly: If a munic\u00adi\u00adpal\u00adi\u00adty allows bids to be sub\u00admit\u00adted by e\u2011mail, but the pro\u00adcure\u00adment is sub\u00adject to the state UVgO, which has been declared applic\u00ada\u00adble in the rel\u00ade\u00advant fed\u00ader\u00adal state by sim\u00adple ref\u00ader\u00adence \u2014 i.e. with\u00adout any addi\u00adtions or restric\u00adtions \u2014 then this munic\u00adi\u00adpal\u00adi\u00adty is in error and is car\u00adry\u00ading out mass\u00ades of ille\u00adgal awards. <\/p>\n
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If the sub\u00admis\u00adsion of bids by e\u2011mail is there\u00adfore inad\u00admis\u00adsi\u00adble, but nev\u00ader\u00adthe\u00adless occurs at the request of the con\u00adtract\u00ading author\u00adi\u00adty or is per\u00admit\u00adted by the con\u00adtract\u00ading author\u00adi\u00adty, then oppor\u00adtu\u00adni\u00adties arise for unsuc\u00adcess\u00adful bid\u00adders. They may be able to obtain a post\u00adpone\u00adment of the award pro\u00adce\u00addure. This is because impor\u00adtant for\u00admal require\u00adments have been vio\u00adlat\u00aded, and thus it can\u00adnot be ruled out that the award pro\u00adce\u00addure was car\u00adried out with\u00adout manip\u00adu\u00adla\u00adtion. This is there\u00adfore a gate\u00adway for all kinds of annoy\u00ading dis\u00adputes, which sen\u00adsi\u00adble con\u00adtract\u00ading author\u00adi\u00adties should either not open in the first place or close again imme\u00addi\u00adate\u00adly. <\/p>\n
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*This legal tip is no sub\u00adsti\u00adtute for legal advice in indi\u00advid\u00adual cas\u00ades. By its very nature, it is incom\u00adplete, it does not relate to your case, and it also rep\u00adre\u00adsents a snap\u00adshot, as the legal basis and case law change over time. It can\u00adnot and does not cov\u00ader all con\u00adceiv\u00adable con\u00adstel\u00adla\u00adtions, serves main\u00adte\u00adnance and ini\u00adtial ori\u00aden\u00adta\u00adtion pur\u00adpos\u00ades and is intend\u00aded to moti\u00advate you to clar\u00adi\u00adfy legal issues at an ear\u00adly stage, but not to dis\u00adcour\u00adage you from doing so. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":" E\u2011mail is the let\u00adter of our time, and why should it not also assume the cen\u00adtral func\u00adtion it deserves in the pro\u00adcure\u00adment process? Text form with\u00adin the mean\u00ading of Sec\u00adtion 126b of the Ger\u00adman Civ\u00adil Code (BGB) If a ten\u00adder in text form is suf\u00adfi\u00adcient for you as the con\u00adtract\u00ading author\u00adi\u00adty, then you must also [\u2026]<\/p>\n","protected":false},"author":4,"featured_media":15905,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"categories":[],"tags":[],"team_kategorien":[],"class_list":["post-15725","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15725","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/comments?post=15725"}],"version-history":[{"count":1,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15725\/revisions"}],"predecessor-version":[{"id":15726,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15725\/revisions\/15726"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media\/15905"}],"wp:attachment":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media?parent=15725"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/categories?post=15725"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/tags?post=15725"},{"taxonomy":"team_kategorien","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/team_kategorien?post=15725"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}